Topic: Judges

Materials and information for judges.

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[pdf] Public-Benefits-Comparison_National-Report-11.15.24 (+)

This report provides a brief discussion of the current eligibility criteria for a variety of public benefits, including food assistance, cash assistance (TANF), healthcare, and Supplemental Security Income, as well as access to Driver’s Licenses for persons who cannot provide proof of lawful status including specifically immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human sex and labor trafficking. The report focuses particularly on benefits for immigrant crime survivors who have filed or are preparing to file for immigration relief: VAWA Self-Petitioners, U visa applicants, T visa applicants, applicants for Special Immigrant Juvenile Status (SIJS), and applicants for Continued Presence.

For each public benefit type, the report discusses a model state law as well as options for a more incremental approach. It then provides a menu of options, drawn from other state law approaches, that states can use to extend eligibility for public benefits to more immigrant victims of crime and abuse. The report also provides an analysis of best practices where appropriate.

Published December 14, 2024 by

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[pdf] State Justice Institute (SJI) and National Judicial Network Training Materials (October 30, 2024) (+)

Most up to date training materials for state court judges on issues that arise in state court cases involving human trafficking victims, immigrant victims of crime and abuse, and immigrant children. This collection of materials was developed with support from the State Justice Institute (SJI) and National Judicial Network Training Materials and includes links to training materials in NIWAP web library.

Published October 30, 2024 by

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[pdf] Join the National Judicial Network (Updated October 30, 2024) (+)

Click the link above to learn more about the National Judicial Network!

Seeking judges, commissioners, magistrates, tribal judges, and other judicial officers to join the National Judicial Network. The National Immigrant Women’s Advocacy Project (NIWAP) working in partnership with the National Council of Juvenile and Family Court Judges (NCJFCJ) on a State Justice Institute (SJI) funded project is pleased to invite you to participate in the National Judicial Network: Forum on Human Trafficking and Immigration in State Courts (NJN). The NJN will provide a forum for judges to engage in peer-to-peer learning sessions with judges from across the country, participate in webinars, communicate with other judges in a members-only confidential email group, access topic-specific publications, and attend future in-person trainings on issues that arise in state courts involving human trafficking and immigrant victims. NJN sessions are intended to help judges learn more about these complicated issues and, consequently, improve access to justice for human trafficking and immigrant victims of domestic violence, child abuse, sexual assault, and other crimes.

Published July 24, 2024 by

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[pdf] When Federal Immigration Laws and State Family Laws Intersect: Promoting Just and Equitable Outcomes for Immigrant Survivors and Children (October 8, 2024) (PowerPoint) (+)

This plenary highlights what every state court judge needs to know to promote access to justice and fairness when immigration law issues arise in state court cases involving litigants, victims of crime or abuse, and children who are immigrants or live in immigrant families. Faculty provide an overview of the major forms of immigration relief that Congress created to protect immigrant victims of domestic violence, child abuse and neglect, human trafficking, sexual assault, and stalking and identify how access to public benefits, services, and supports grow as eligible immigrant victims and their children pursue victim-based forms of immigration relief.

Published September 30, 2024 by

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[pdf] Protection Orders Webinar Materials List (February 24, 2024) (+)

This list of training materials on civil protection orders has been developed to assist state court judges, attorneys, and victim advocates working with immigrant survivors. It covers protection orders for vicitms of domestic violence, sexual assault and stalking. The list includes training tools, training manual chapters, bench cards, and links to webinars.

Published February 24, 2024 by ,

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[pdf] United States v. Dixon U.S. Supreme Court (December 2 1992-June 28 1993) (+)

United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993) Filed an amicus brief in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multiple counts of contempt of a civil protection order. The Brief argued that victims could constitutionally enforce their protection orders without undermining the ability of the state (in this case the United States) to bring criminal charges against the domestic violence perpetrator that included numerous assaults and assault with a deadly weapon. The Supreme Court upheld the right of a victim to enforce her protection order without barring criminal prosecution by double jeopardy as long as the contempt proceeding and the criminal prosecution each require proof of additional elements under the Blockburger “same elements” test.

Published September 27, 2023 by

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[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)

State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.

Published September 25, 2023

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[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)

Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)

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[pdf] Rivas et al., Amicus Supreme Court of California (March 21 2022) (+)

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the
Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS
predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative
and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of
Appeals directly contradicts this legislative and regulatory history and the 2022 SIJS regulations issued by DHS.
The brief discussed how the courts below incorrectly applies laws of a foreign country when application of
California law is required by SIJS regulations, statutes and policies. The brief also discusses how it is
impermissible for court to fail to issue SIJS findings when there is uncontroverted credible evidence to support the
findings. The California Supreme Court in a unanimous decision with one concurrence adopted the approach
advocates by NIWAP’s amicus brief and the 2022 SIJS regulations relied up in the brief. (March 21, 2022; August
15, 2022)

Published September 18, 2023

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[pdf] Technical Assistance and Training on Legal Rights of Immigrant Crime Victims (August 17, 2023) (+)

This set of flyers advertise the training and technical assistance offered by NIWAP, American University, Washington College of Law to courts, judges, law enforcement officials, prosecutors, victim advocates, and attorneys working in family law, domestic violence, immigration and legal services agencies covering a wide range of topics that are important to professionals who encounter immigrant crime victims and immigrant children in their work. Trainings are designed to meet the needs of the local jurisdiction or state requesting the training and involve both NIWAP staff and a national team of experts, law enforcement, prosecutor and judicial trainers. The first page of this flyer summarizes the topics of technical assistance and training offered. This page is followed by flyers aimed at trainings for law enforcement officers, prosecutors and their victim witness staff and trainings NIWAP offers for judges and court staff.

Published August 17, 2023 by

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[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

Published August 8, 2023 by

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[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)

In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.

Published October 1, 2014 by

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[pdf] USCIS and State Department: Intercountry Adoption Process Flow Chart of Key Steps (June 6, 2023) (+)

USCIS and the U.S. State Department developed this tool to assist judges and attorneys in the U.S. to better understand the intercountry adoption process for foreign born children from Hague Convention and non-Hague Convention countries. This tools helps ensure that the proper steps are followed so that the adopted child obtains a visa providing them legal immigration status and a path to naturalized citizenship.

Published June 6, 2023 by ,

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[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)

Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.

Published June 6, 2023 by , ,

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[pdf] How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022) (+)

Step-by-step guide for attorneys and judges on VAWA confidentiality and discovery with links to resources, tools, case law, Amicus Briefs, and sample bench briefs and motions.

Published November 18, 2022 by

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[pdf] SPARC Judicial Officer Bench Card: Stalking (July 5, 2022) (+)

This bench card for state court judges developed by SPARC and NIWAP is designed to be used in conjunction with the Judicial Officer Guide for Responding to Stalking. This Bench Card covers: considering and identifying staking, assessing stalking, stalking tactics, establishing fear, risk factors, and best practices for court orders and findings including protection orders and bail conditions.

Published July 5, 2022 by ,

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[pdf] SPARC Judicial Officer Guide: Responding to Stalking (July 5, 2022) (+)

This judicial officer guide developed by SPARC and NIWAP is designed to help state court judges identify, understand and assess the risks of stalking and stalking behaviors courts see evidence of in the family, civil and criminal cases over which judges preside. This resource discusses co-occurring and interconnected crimes and recommends how judges can document and make findings about stalking and coercive control in state court orders. This guide includes useful charts and tables including a comparison of stalking, coercive control, and battering or extreme cruelty (the immigration law definition of domestic violence). This resource is designed to be used together with the Judicial Officer Bench Card: Stalking.

Published July 5, 2022 by ,

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*SJI and National Judicial Network Training Materials (Last Updated June 8, 2023)

Technical Assistance NIWAP also offers technical assistance for judges and court staff. Find out how to receive  NIWAP’s technical assistance from NIWAP’s experts and judicial faculty here. If you are a judge or judicial faculty, please consider joining our National Judicial Network. You can find more information about the National Judicial Network here. Most Updated […]

Published May 17, 2022

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[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)

This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.

Published April 21, 2022 by

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[pdf] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)

This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.

Published June 17, 2021 by

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[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)

This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.

Published December 31, 2021 by ,

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[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.

Published December 31, 2021 by ,

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[pdf] Improving Access to Justice for Immigrant Crime Victims and Children: Effects of and Needs for Judicial Training and Peer Support (December 30, 2021) (+)

From 2017 through 2019 NIWAP ran the Judicial Training Network, a training project led by a national faculty of six judges (CA, DE, IL MO, TX, WI). Five states participated in the JTN in which teams of state court judges working with state judicial education staff partners ran the project in each state the offered a series of in-person and on-line trainings on a range of legal issues that arise in cases involving immigrant crime victims and immigrant children. In each of the six participating state (FL, LA, MI, MO, MS, NM). NIWAP and the national faculty also provided on call technical assistance to the state team judges who developed expertise in serving immigrant crime victims and children through the project. After the grant funding for the JTN ended we interviewed a sample of the judicial participants in the project to learn about their impressions of the JTN and about their future training and technical assistance needs. This report makes findings about the effectiveness of this training effort and provides insights into training, support, and technical assistance needs for the future. The insights gained in this report will be helpful to the participating states, and also to the National Judicial Network (NJN) that NIWAP is currently co-leading with the National Council of Juvenile and Family Court Judges. The NJN is a national peer to peer training project involving over 130 judges and Tribal judges from across the country. NJN members are judges interested in human trafficking and issues affecting immigrant victims of crime and abuse whom judges encounter as they hear cases across the country. Judges and judicial officers of all types are invited to join the NJN. To learn more and register follow this link. https://niwaplibrary.wcl.american.edu/pubs/njn-outreach-flyer

Published January 1, 2022 by

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[pdf] Tip Sheet for Courts Developing U Visa Certification Protocols (December 30, 2021) (+)

This tool provides legally correct information on the U and T visa programs and on Continued Presence. It helps courts developing U visa certification and T visa declarations protocols, policies and practices base the policies being developed on up to date legally accurate information on the U and T visa programs and certification. The document also provides links to model and sample U and T visa certification polices and protocols that courts can rely upon adapt when developing court policies.

Published December 31, 2021 by

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[pdf] Bench Card: Impact of Divorce on Immigration Status (December 28, 2021) (+)

This bench card provides information for state court judges on whether and how divorce
may alter the ability of immigrant spouses, children and stepchildren to gain or maintain a legal
immigration status in the United States, including an immigration visa, lawful permanent
residency or naturalization. An immigration visa2 is specifically one that allows the immigrant
to live and work in the United States.

Published December 28, 2021 by

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[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)

These flowcharts provide an overview of the public benefits eligibility process for VAWA self-petitioners, VAWA cancelation of removal applicants, U visa and T visa applicants and children applying for Special Immigrant Juvenile Status. They provide useful tools to be used together with NIWAP’s public benefits maps and charts. State by State Benefits Map and Charts – https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts

Published December 29, 2021 by

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[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.

Published December 27, 2021 by

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[pdf] Three Prongs of VAWA Confidentiality (December 15, 2021) (+)

A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.

Published December 15, 2021 by ,

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[pdf] Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims (October 13, 2013, Updated November 30, 2021) (+)

A quick reference for judges on issues that arise in custody cases involving immigrant parents, children, and crime victims. Discussing constitution protections for the parent child relationship applying to cases involving immigrant parents and their children without regard to immigration status, detention or deportation. Explaining which parents, children, litigants, witnesses are under current immigration laws likely to be removed from the U.S. and which although undocumented are not at risk of removal. Highlighting common myths about immigration law and providing legally correct information for courts to apply in making rulings when a party raises the immigration status of another party of child in state court custody proceedings.

Published November 30, 2021 by

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[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)

Article discussing the neurobiology of child brain development and how it impacts children who come before state family courts in domestic violence, sexual assault, child abuse, custody, delinquency, dependency and other cases. The article brings together research findings in the fields of child brain science and research on the traumas experienced by immigrant children in their home countries, during their immigration to the U.S. and trauma and abuse immigrant children experience after arriving in the United States.

Published May 21, 2021 by ,

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[pdf] What Family and Child Welfare Judges Need to Know: Legal Options for Immigrant Adult, Teen and Child Victims of Domestic and Sexual Violence (July 21, 2020) (+)

This slideshow provides judges with the legally correct information about intersecting immigration, family and benefits laws needed to issue more effective and enforceable orders and discovery rulings. There are tips, tools and resources for family law cases involving immigrant victims of domestic violence, sexual assault, and child/elder abuse.

Published 07-21-20 by ,

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[pdf] U-Visa: “Helpfulness” Checklist (+)

This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.

Published October 21, 2019 by ,

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[pdf] Immigrant Crime Victims and Public Charge: Post-VAWA 2013 (August 19, 2019) (+)

Information regarding immigrant crime victims and public charge in light of the VAWA 2013 statutory amendments. This article discusses how VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation, battered spouse waiver, U visa and T visa applicants are exempt from the public charge ground of inadmissibility.

Published August 14, 2019 by

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[pdf] List of Webinars for Courts (Updated 9/30/19) (+)

The National Women’s Advocacy Project (NIWAP) offers online learning through webinars, webcasting, and training modules. Along with our partner organizations, we facilitate trainings with experts to answer all your questions relating to immigrant crime victims.

This page includes a list of all NIWAP’s past webinars that we think judges and court staff may find helpful. They are organized by topic, and each page includes supplemental materials from our web library to complement each presentation and provide further clarification.

For a list of all of NIWAP’s webinars, please go to this link: https://niwaplibrary.wcl.american.edu/all-niwap-webinars/

Published September 30, 2019 by ,

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[pdf] Legal Rights of Immigrant Children Materials (June 20, 2019 Webinar) (+)

A list of all the materials relating to Legal Rights of Immigrant Children, and the materials correspond to the webinar “When Child Victims Are Immigrants: The Judge’s Role.” These are resources to guide judges as they issue orders to protect abused and neglected immigrant children in custody, protection order, child welfare, and child support proceedings.

Published 6-19-2019 by

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[pdf] Do you have problems at home? (July 16, 2015) (+)

This booklet explains the legal rights of immigrant victims of family violence including domestic violence, child abuse and elder abuse.

Published July 16, 2015 by ,

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[pdf] Language Identification Card “I speak…” (May 2019) (+)

This language identification guide is a tool for law enforcement and other criminal justice agencies to identify the language of individuals they encounter who do not speak English. I Speak was adapted by Raksha, Inc and Tapestri, Inc through a grant with Dekalb Magistrate’s Court’s Compliance Court Project. It is based on the I Speak booklet created by a partnership effort of the Bureau of Justice Assistance and the Ohio Criminal Justice Service. This adaptation of the I speak guide contains the many more languages than other versions of this important I speak tool. (May 2019)

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[pdf] Public Benefits and the Courts 4-18-19 (+)

This PowerPoint was used for the April 18, 2019 webinar: “Public Benefits and Services Legally Available to Immigrant and Children Victims – What Courts Need to Know?” The PowerPoint contains information about the Public Benefits Map, including state-by-state charts on public benefits immigrants are eligible for based on their status. The maps include both state […]

Published 04-18-2019 by

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[pdf] NIWAP NCJFCJ SIJS Webinar 5.14.19 (+)

This PowerPoint was used for the May 14, 2019 webinar: “Special Immigrant Juvenile Status – Best Practices for Drafting Findings.” The PowerPoint contains information about the role the courts play in the Special Immigrant Juvenile Status (SIJS) adjudication process and how SIJS enhances the courts options to promote child welfare and best interests. The PowerPoint […]

Published 05-14-2019 by ,

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